Laws Lawyers Find Laws Legal Forms State Laws

ARKANSAS STATUTES AND CODES

§ 5-4-702 - Enhanced penalties for offenses committed in presence of a child.

Listen
5-4-702.Enhanced penalties for offenses committed in presence of a child.(a)Anyperson who commits a felony offense involving homicide,5-10-101 -- 5-10-103, assault or battery,5-13-201 et seq., or domestic batteringor assault on a family member or household member,5-26-303 --5-26-309, may be subject to an enhanced sentence of an additional termof imprisonment of not less than one (1) year and not greater than ten(10) years if the offense is committed in the presence of a child.(b)Anyperson who commits the offense of aggravated cruelty to a dog, cat, orhorse under5-62-104 may be subject to an enhanced sentence of anadditional term of imprisonment not to exceed five (5) years if theoffense is committed in the presence of a child.(c) (1) Toseek an enhanced penalty established in this section, a prosecutingattorney shall notify the defendant in writing that the defendant issubject to the enhanced penalty.(2)Ifthe defendant is charged by information or indictment, the prosecutingattorney may include the written notice in the information orindictment.(d)The enhanced portion of the sentence is consecutive to any other sentence imposed.(e)Anyperson convicted under this section is not eligible for early releaseon parole or community correction transfer for the enhanced portion ofthe sentence.
Loading...
  • Play
  • Pause
  • Volume:
  • Mute
  • Half
  • Max
  • 5-4-702. Enhanced penalties for offenses committed in presence of a child.

    (a) Any person who commits a felony offense involving homicide, 5-10-101 -- 5-10-103, assault or battery, 5-13-201 et seq., or domestic battering or assault on a family member or household member, 5-26-303 -- 5-26-309, may be subject to an enhanced sentence of an additional term of imprisonment of not less than one (1) year and not greater than ten (10) years if the offense is committed in the presence of a child.

    (b) Any person who commits the offense of aggravated cruelty to a dog, cat, or horse under 5-62-104 may be subject to an enhanced sentence of an additional term of imprisonment not to exceed five (5) years if the offense is committed in the presence of a child.

    (c) (1) To seek an enhanced penalty established in this section, a prosecuting attorney shall notify the defendant in writing that the defendant is subject to the enhanced penalty.

    (2) If the defendant is charged by information or indictment, the prosecuting attorney may include the written notice in the information or indictment.

    (d) The enhanced portion of the sentence is consecutive to any other sentence imposed.

    (e) Any person convicted under this section is not eligible for early release on parole or community correction transfer for the enhanced portion of the sentence.

    Arkansas Forms by Issue

    Arkansas Appeals Forms
    Arkansas Auto Accident Forms
    Arkansas Child Support Agency Forms
    Arkansas Divorce Forms
    Arkansas Family Forms
    Arkansas Tax Forms

    Arkansas Law

    Arkansas State Laws
        > Arkansas Child Support
        > Arkansas Gun Laws
        > Arkansas Statute
    Arkansas State
        > Arkansas State Parks
    Arkansas Tax
        > Arkansas State Tax
    Arkansas Agencies
        > Arkansas Department of Corrections
        > Arkansas Department of Education
        > Arkansas Federal Credit Union
        > Arkansas Secretary of State
        > Arkansas State Police

    Arkansas Court Map

    Operation Confirm
    Are you sure you want to delete it?
      
    Tips